Norton v. San Jose Fruit-Packing Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California, This was a suit by Edwin Norton and Oliver W. Norton against the San José Fruit-Packing Company for alleged infringement of a patent. The circuit court dismissed the bill, and the complainants have appealed.
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Appeal from the Circuit Court of the United States for the Northern District of California, This was a suit by Edwin Norton and Oliver W. Norton against the San José Fruit-Packing Company for alleged infringement of a patent. The circuit court dismissed the bill, and the complainants have appealed. This is an appeal from a decree dismissing a bill in equity brought by appellants to restrain the infringement by appellee of six letters patent heretofore granted by the government of the United States to the appellants, on mechanism that iS alleged to be useful in machines that are constructed…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). Upon the agreed statement of facts it is argued by appellee entered by this court in the suit of Machine Co. v. Norton, 14 C. C. A. 383, 67 Fed. 236, is a bar to the relief sought by appellants in this suit; that said decree is a protection to the appellee herein, because it purchased from Jensen the machine which is alleged to be an infringement of appellants’ patent, and is therefore in privity with him; and that appellants are estopped from further litigating the same question either against the parties to said suit or their privies.
The general…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Forsyth v. HammondSupreme Court of the United States · 1897
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Johnson Co. v. WhartonSupreme Court of the United States · 1894
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3Cited by10 opinions
- Larson v. General Motors CorporationCourt of Appeals for the Second Circuit · 1943
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1939
- Western Electric Co. v. HammondCourt of Appeals for the First Circuit · 1943
- Boulter v. Commercial Standard Ins. Co.Court of Appeals for the Ninth Circuit · 1949
- Bassick Mfg. Co. v. Larkin Automotive Parts Co.District Court, N.D. Illinois · 1926
5 more not listed; retrieve them via the Exa API.